Volume 16

16 Fla. L. Weekly Supp. 947b

Online Reference: FLWSUPP 1610EMIL

Insurance — Personal injury protection — Examination under oath — Where insured did not appear for EUO of which he had notice and knowledge, insurer’s motion for partial summary judgment is granted

16 Fla. L. Weekly Supp. 897b

Online Reference: FLWSUPP 169JEUNE

Insurance — Personal injury protection — Examination under oath — Failure to appear — Where there was no contradictory evidence offered to establish confusion by staff or attorneys of law firm representing insured regarding notice of EUO sent by insurer, insurer’s motion for summary judgment based on failure to appear for EUO is granted

16 Fla. L. Weekly Supp. 982a

Online Reference: FLWSUPP 1610ROBE

Insurance — Personal injury protection — Examination under oath — Where insurer received notice of representation from insured’s attorney prior to sending EUO request directly to insured, failure to attend EUO was not unreasonable

16 Fla. L. Weekly Supp. 198a

Online Reference: FLWSUPP 162FONSE

Insurance — Personal injury protection — Examination under oath — Failure to attend — Where fact question exists as to whether insured’s attorney received proper notice of EUOs and whether insured’s failure to attend EUOs rose to level of material breach, insurer’s motion for final summary judgment based on unreasonable failure to attend two EUOs is denied

16 Fla. L. Weekly Supp. 295a

Online Reference: FLWSUPP 164CRUZ2

Insurance — Personal injury protection — Examination under oath — Failure to attend — Where insurer sent letter suspending benefits as of date of independent medical examination and scheduled insured to attend EUO concerning medical bills incurred before IME cutoff date, trial court erred in finding no genuine issue of material fact regarding whether suspension letter constituted anticipatory breach of contract relieving insured of obligation to attend EUO

16 Fla. L. Weekly Supp. 783a

Online Reference: FLWSUPP 168JONES

Insurance — Personal injury protection — Examination under oath — Failure to attend — Elderly insured — Evidence demonstrates that insurer failed to adhere to code of ethics requiring exercise of extraordinary care when dealing with elderly clients in its dealings with elderly insured who failed to attend two unilaterally scheduled EUOs — Insurer waived right to right to assert EUO no-show defense by acting as if there was no breach from EUO no-shows when it thereafter scheduled two independent medical examinations, to which insured submitted

16 Fla. L. Weekly Supp. 960b

Online Reference: FLWSUPP 1610JOSE

Insurance — Personal injury protection — Examination under oath — Failure to attend — Where insured has presented competent evidence that due to misrouting of notice of EUO insured’s attorney did not become aware of EUO until he received letter denying benefits, and insured has otherwise cooperated with insurer’s claim processing request, insurer’s motion for summary judgment based on EUO no-show defense is denied

16 Fla. L. Weekly Supp. 1048a

Online Reference: FLWSUPP 1611BAEZ

Insurance — Personal injury protection — Declaratory judgment — Coverage — Where insured willfully and materially breached policy by failing to submit to examination under oath despite insurer’s numerous attempts over course of year to accommodate insured in setting EUO, and insurer is prejudiced by insured’s failure to cooperate by securing and giving evidence because insurer has evidence that indicates accident was staged, insurer is permitted to avoid all coverage and has no duty to indemnify or defend insured for any suit arising out of accident

16 Fla. L. Weekly Supp. 866a

Online Reference: FLWSUPP 169BUERG

Insurance — Personal injury protection — Examination under oath — Insured forfeited rights under policy where she refused to answer material questions during EUO required by PIP policy, prematurely terminated EUO, and failed to respond to correspondence indicating that she should contact insurer to continue EUO

16 Fla. L. Weekly Supp. 814a

Online Reference: FLWSUPP 169CHAVE

Insurance — Personal injury protection — Discovery — Medical records of nonparties — Appeals — Certiorari — Order to produce independent medical examination and peer review reports of nonparties meets threshold jurisdictional requirement for writ of certiorari where disclosure of reports will cause irreparable harm that cannot be corrected on appeal — Insurer has standing to challenge subpoena served on its non-party expert witness — Motion for appellate attorney’s fees that fails to identify source of entitlement to fee award is denied — Reply to response to motion to dismiss petition for writ of certiorari is unauthorized pleading — Order to show cause issued